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Post Info TOPIC: Conract issue and not working notice period
Anonymous

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Conract issue and not working notice period
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Worked for company for 25 years...last 4 years contract was for 2 days per week (15 hrs per week). I continue my work from home during other days and weekends. Company also did not paid me any leave days taken in December because I only work 15hrs per week. Company wanted to change contract to 5 days again which I did not want and resigned as they now needed some to work full time. I did not work my months notice. Can the company sue me for not working the notice period. Offered me a consultant contract not allowing me to resifn before december and to give 3 months notice.

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Labour Protect

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Good day, 

A company can sue you for not working your notice period. This is a breach of the employment contract. 

In practice this does not usually happen even though many employers threaten legal action, litigation is costly and a lengthy process and employers are not inclined to throw good money after bad. 

The last part of your question is difficult to understand, it appears the company wanted to offer you a new contract whereby you work 5 days a week and not 2 days a week. This could be seen as a possible termination of the 2 working day contract and a proposal for a new 5 working day agreement. In this situation the company unilaterally changed the terms and conditions of the 2 working day contract and therefore if you reject the new offer you will no longer be employed with the company as the original contract whereby you worked 2 days a week has come to an end. 

Also you do not have to accept any offers by the employer, the employer can ask you to work a 3 months notice period.

Regards

LP



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